Miller v. Lobdell

Respondents moved the dismissal of the appeal herein on the ground that appellants have voluntarily accepted substantial benefits of the judgment and therefore are estopped and barred from the right to appeal.

Statement of Facts

On July 2, 1947, respondents purchased from appellant William B. Miller, a hotel, bathhouse, cabins and real property situated in Orange County. On July 21, 1949, Miller filed an action against the Lobdells to foreclose a chattel mortgage given by them as security for payment of a promissory note in the sum of $29,000. The Lobdells, on August 24, 1949, filed an action…